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(javascript:parent.ComposeTo("[EMAIL PROTECTED]", "");) wrote:
Why doesn't Melanie think that she has to follow the same procedures as
everyone else?
If it were anyone else, Melanie would be right their throat about it and if
Cedar Park Associates knew about this, why did they not notify the community?
Use of a building under the city zoning laws is a multi-level affair. And,
it's very complicated. I don't profess to understand all the nuances. But
here's a broad perspective on the situation which I believe is reliable (no, I
didn't survey all the lawyers in town or the members of the Zoning Board,
either; you'll be happy to know, though, that no hares or haruspices were
harmed in
the preparation of the opinion below).
Without going into the details, commercial zoning classifications -- this
building is probably C2 although I haven't checked -- allows a wide variety of
office and retail usages. A building with a C2 zoning also allows apartments.
If a new use is within the allowable set, in general it has to be registered
with L&I but this is strictly an administrative procedure and does not
require any public notification or call for any public comment or other
involvement. It is a right of the property owner. The Zoning Board of
Adjustments (ZBA)
does not get involved.
The notable exception to the above is that a few specialized uses require a
permit in addition to the use certification. Then, depending on the type of
permit, there may or may not have to be a decision by the ZBA. This was the
case with the Dock Street Brewpub. It may be part of the case with the liquor
store (the area has a residential zoning but was given a "variance" for the
Rite-Aid; I think there's a need for a permit to operate a liquor store there,
and there may or may not be a need to re-affirm the variance).
At any rate, Melani's almost certainly within her rights on this one, with
respect to terminating or not renewing Representative Roebuck's lease. If she
agrees to rent it to someone needing a permit, then there might be a zoning
issue and she could choose to get involved or let the whole burden fall on the
proposed tenenat, as she wishes.
Always at your service and ready for a dialog ® brand resident and housing
provider,
Al Krigman
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